Omaha daily bee., 1887-03-20

The Judges Charge.
The judges charge was as follows:
State VS.. Laupr.
The defendent is indicted and charged
thereby with the crime of murder in the first
degree for shooting his wife Sallie Lauer.
q. The sttaute under which this prosecu-
ton Is had reads as follows: If any person
shall purposely and of deliberate and pre-
meditation malice or in the perpetration or
attempt to perpetrate any rape, arson, rob-
berry or burglary or by administering poison
causing the same to be done, kill another,
every person SO offending shall be deemed
guilty OF murder in the first degree and upon
| conviction thereof shall suffer DEATH"
3. Our statute defines murder in the second
degree as follows: "If any person shall pur.
posely and malciOusly but without delibera-
tion and reconciliation kill another every
such person shall be deemed guilty of mur-
der in the second degree, and on conviction
thereof shall be imprisoned in the peniten-
tiars not less than ten years or during life
in the discretion OF the court.
a. Our statute defines manSlaughter as fol-
another without malice either upon sudden
quarrel or nnintentionally while the slayer is
in the commission of some unlawful act,
every such person shall be deemed guilty of
shall be Imprisoned in the penltentiary not
more than ten years nor less than one year"
s. You are instructed that a defendant in
criminal prosecution is presumed to be inno-
CSuI uutil plONcu Sullty UtyOuu u TSaSOndDlc
doubt, and before the state can Justly claim a
conviction, the state must satisfy you beyond
reasonably doubt of the truth of each ma
terial allegation in the indictment by compe-
tent proof and circumstances in the case.
6. Under our statues there are three grades
of criminal homicide, as follows: Murder in
the first degree, murder in the second de-
gree, and manslaughter: And in a prosecu-
first degree, If the evidence fails to sustain
such charges of murder in the first degree,
you may, under such indictment, if the evil
dence shall Justify, find the defendant guilty
slaughter.
Z. Murder in the first degree is defined by
our statute which have given you in my
second instruction, and the definition there
given IS so plain and concise that fear con-
fusion in attempting further definition.
Should you find that Sallie Lauer was
alive in Douglas county on the 2lst, day of
now dead, that she died from an injury from
| the hands of some one other than herself,
that she came to her death by wound in the
| from pistol, and that the defendant dis
charged the pistol and inflicted the wound of
which Sallie Lauer died. if yon are satisfied
of the truth of all the above stated facts be-
your duty from the evidence to hunt for
q motive, and design on the part of
the defendant and If you hnd from the evil
ucucts Dcyuux IcdSOHdUIc uOuOI, In1C the
defendant knew or thought. at and prior to
| the assault that the assaulted was Sallie
Lauer, and the defendant purposely, with
deliberation and premoditation, and with
killing, then you should find the defendant
guilty of murder in the first degree
8. Motive Is that force behind the will
which prompts the will to act 1t may be love
den heat Of passion, or any of the various
| causes which move the will force.
| y 10 40 an act purp9sely is to DO 1t design.
| edly, intentionally and with will. To de-
| what one will do or refrain from doing, and
when one contemplates and so reflects upon
| an act that one is said to deliberate the act {;
| and the act may be a deliberate act, although
| no considerable time Is occupied in such re-
| Election and deliDeration; it is sufficient II
there is time to reflect upon the Intended
| deed though the time be very short.
h. TO- TO premaed1ltate Is Is to mediate before
ment OF the crime OI murder. like that of de-
liberation. no considerable time is necessary
for premeditation; it is sufficient if there is
| time 10 premeditate upon tho intended deed,
so that time might intervene before the
thought and the killing sufficient to have
| caused reasonable being to see and know
the wrong he Is contemplating:
IL. There Is one additional element for you
ent in the defendants mind and act
before you can lind murder In the first de-
| gree ana Ihat IS malace. Mallce is hatred !;
1t Is manifested IN the mind by ill-will and q
desire to lnJure another. 1t Is mostly indi-
catea Dy threats OF revenge, and the very act
| OF killing may OF ltSeif De suillclent evidence
OF malice. Ihis element MAJ, be express
malace; that Is, It may be manifested by the
| Language ana acis 9! the defendant at or be-
lore tle Time or killing SO that 1t may 20
proven Dy evidence or witnesses. IN addl-
tlon 70 express malice there IS malice pre-
| Sumed wlen the act OF killing Is surrounded
py circumstances Wnicn 40 not excuse the
act but the act itself shows malignant. re-.
yengSe1ul heart nent upon dong wrong. Aud
IN all cases OF wlliul ana unlawful Killing
where the circumstances OF such killing DO
not excuse the Killing. the law presumes de.
Iendant 70 Do possessed OF the element OF
| malice without additionai proof.
Il. Where the fact OF the killing Is .estab-
iished ama, ,n!i WHOM any explanatory c,Icum-
stances malice is presumed, and IT would be
murder In the second degree II the killing
was pnrposely ana GnlaWtully done; but II
tns evidence esta9iisncS Inc iact OF deliberate
ana pIemeIitatea malice. then tne 1nense
Is MURDER IN the nrst degree, II the kllllng
was lhtent,onaliy, purposely ana uniawiuliy
done; You are instructed that homicide
may pe etnsi Just,ha3,e, excusaDle or Ielon-
! iouS anu criihinai. Inc ue!enuant ADMITS